DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Midway Limited
(AG2016/6534)

MIDWAY LIMITED ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Midway Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Midway Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Midway Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Midway Limited brought an application seeking approval of the Midway Limited Enterprise Agreement 2016. The applicant argued that the agreement, which was the outcome of negotiations between Midway Limited and the Australian Manufacturing Workers' Union, should be approved under the Fair Work Act 2009. The legal issues in the case centred on whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The court was required to determine if the agreement had been made in good faith, if it provided for a fair and efficient workplace, and if it was free from any coercive or misleading conduct. The court also had to consider if the agreement adequately protected the rights of employees, including provisions for minimum wages, conditions, and dispute resolution mechanisms. Additionally, the court assessed whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

In its decision, the court found that the agreement satisfied all the statutory requirements for approval. The court concluded that the agreement had been made in good faith, provided for fair and efficient workplace conditions, and was free from any coercive or misleading conduct. Furthermore, the court determined that the agreement adequately protected employees' rights and would likely promote harmonious workplace relations. Consequently, the court approved the agreement and directed that it be registered with the Fair Work Commission.

The final orders of the court were that the Midway Limited Enterprise Agreement 2016 be approved and registered, and that the application be dismissed with costs to be paid by the applicant.

Midway Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established